Progressive and Conservative Constitutionalism
... amendment requires, and of the meaning of constitutionalism more generally, are rooted in these contrasting political attitudes toward social power. Correlatively, the debate presently ongoing between progressives and conservatives is only superficially over interpretive issues; on a more substantiv ...
... amendment requires, and of the meaning of constitutionalism more generally, are rooted in these contrasting political attitudes toward social power. Correlatively, the debate presently ongoing between progressives and conservatives is only superficially over interpretive issues; on a more substantiv ...
The of Power in Paradise: Political
... Soon a new Disneyland will feature California as a themed land composed of Hollywood, beach, and wilderness.’ Yet despite beckoning distractions, the freeway keeps you on track. Five lanes of cars peel off and merge each way into an endless flow of traffic. The freeway’s sense of order and collectiv ...
... Soon a new Disneyland will feature California as a themed land composed of Hollywood, beach, and wilderness.’ Yet despite beckoning distractions, the freeway keeps you on track. Five lanes of cars peel off and merge each way into an endless flow of traffic. The freeway’s sense of order and collectiv ...
On acts, omissions and responsibility
... refrain from killing, but that we can also be morally obliged to kill (or, at least, we are not morally obliged to refrain from doing it after all). The only way to overcome this is to treat the principle ‘‘do not kill’’ as a general rule, but concede that it permits of exceptions. There are good re ...
... refrain from killing, but that we can also be morally obliged to kill (or, at least, we are not morally obliged to refrain from doing it after all). The only way to overcome this is to treat the principle ‘‘do not kill’’ as a general rule, but concede that it permits of exceptions. There are good re ...
Legal Barriers to Innovation
... lawyers to Kronman’s golden age of lawyer-statesmen: above politics, above deception, above greed. This strand in the (admittedly small) literature principally concerns the role of elite lawyers advising corporations and organizations. The second category of critiques (an even smaller literature) em ...
... lawyers to Kronman’s golden age of lawyer-statesmen: above politics, above deception, above greed. This strand in the (admittedly small) literature principally concerns the role of elite lawyers advising corporations and organizations. The second category of critiques (an even smaller literature) em ...
The Formula of the Universal Law
... whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.”5 Clearly, one cannot murder someone and still treat him as an end in himself. It is evident that Jones’s proposed universal law does not obtain once a full Kantian approach is c ...
... whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.”5 Clearly, one cannot murder someone and still treat him as an end in himself. It is evident that Jones’s proposed universal law does not obtain once a full Kantian approach is c ...
THE CONCEPT OF LAW Prof. Dr. and
... passions,” and even the normally rational man may, under the spell of an uncontrolled impulse, commit an act that society will not tolerate. For these reasons, a completely free, unregulated society without community sanctions appears to be impossible. Order in human affairs, unfortunately, is not s ...
... passions,” and even the normally rational man may, under the spell of an uncontrolled impulse, commit an act that society will not tolerate. For these reasons, a completely free, unregulated society without community sanctions appears to be impossible. Order in human affairs, unfortunately, is not s ...
THE CONCEPT OF LAW Prof. Dr. and
... passions,” and even the normally rational man may, under the spell of an uncontrolled impulse, commit an act that society will not tolerate. For these reasons, a completely free, unregulated society without community sanctions appears to be impossible. Order in human affairs, unfortunately, is not s ...
... passions,” and even the normally rational man may, under the spell of an uncontrolled impulse, commit an act that society will not tolerate. For these reasons, a completely free, unregulated society without community sanctions appears to be impossible. Order in human affairs, unfortunately, is not s ...
NBER WORKING PAPER SERIES ECONOMIC ANALYSIS OF WELFARE ECONOMICS, MORALITY AND THE LAW
... another, fairness requires that he compensate the victim for his losses (the classic notion of corrective justice); or that if a person commits a bad act, it is right that he be punished in proportion to the gravity of the act. On reflection, the reader can verify that these examples of nondistribu ...
... another, fairness requires that he compensate the victim for his losses (the classic notion of corrective justice); or that if a person commits a bad act, it is right that he be punished in proportion to the gravity of the act. On reflection, the reader can verify that these examples of nondistribu ...
The Roman Contribution to the Common Law
... begin with the Roman occupation of the British Isles. It is not the burden of this article to extol the virtues of the Roman legal system, or its judicial precepts and institutions. This has already been done by skilled hands. Nevertheless, since the Roman legal system had "undoubtedly wider histori ...
... begin with the Roman occupation of the British Isles. It is not the burden of this article to extol the virtues of the Roman legal system, or its judicial precepts and institutions. This has already been done by skilled hands. Nevertheless, since the Roman legal system had "undoubtedly wider histori ...
Protocol Additional to the Geneva Conventions of 12 August 1949
... Military historians distinguish those advancements in the means and methods of warfare that are a "revolution" and those which are an "evolution" in military affairs. Both dramatically change the way wars are fought in the new era, but a revolution takes a fundamentally different course from what ex ...
... Military historians distinguish those advancements in the means and methods of warfare that are a "revolution" and those which are an "evolution" in military affairs. Both dramatically change the way wars are fought in the new era, but a revolution takes a fundamentally different course from what ex ...
Inducing Compliance with International Humanitarian Law in War
... of a government, which represents only the remainder of collapsed State structures. These conflicts are characterized by a high number of civilian victims, often resulting from utter disregard for international humanitarian law. While the government is unable to implement and enforce rules and decis ...
... of a government, which represents only the remainder of collapsed State structures. These conflicts are characterized by a high number of civilian victims, often resulting from utter disregard for international humanitarian law. While the government is unable to implement and enforce rules and decis ...
- The Scholarly Forum @ Montana Law
... into Montana through the codes. 2 Although Wade and other proponents argued throughout Montana's codification debate that the Codes represented little new, as a Code Commissioner Wade must have known better. (The significant degree to which the Codes changed Montana law became clear after their adop ...
... into Montana through the codes. 2 Although Wade and other proponents argued throughout Montana's codification debate that the Codes represented little new, as a Code Commissioner Wade must have known better. (The significant degree to which the Codes changed Montana law became clear after their adop ...
Bioetica
... fails (because referring to controversial moral principles). In interpreting Lecaldano’s thesis I should perhaps refer to other parts of his book, those in which he underlines the utilitarian nature of his argumentation. In this case, the idea would be the following one. The ground of the argumentat ...
... fails (because referring to controversial moral principles). In interpreting Lecaldano’s thesis I should perhaps refer to other parts of his book, those in which he underlines the utilitarian nature of his argumentation. In this case, the idea would be the following one. The ground of the argumentat ...
Legal Origins and Modern Stock Markets
... In other words, the original creation of legal systems centuries ago created legal and decisionmaking structures that continue today to facilitate or impede market outcomes. The civil law — by relying on codes, narrow judicial intervention, high regulation, and market directives instead of market so ...
... In other words, the original creation of legal systems centuries ago created legal and decisionmaking structures that continue today to facilitate or impede market outcomes. The civil law — by relying on codes, narrow judicial intervention, high regulation, and market directives instead of market so ...
TYCHE Beiträge zur Alten Geschichte Papyrologie und Epigraphik
... It is a peculiar rigmarole for getting rid of anyone, for political or any other reasons. And though this has sometimes been noted l5 , it needs emphatic restatement that in a direct democracy it is bizarre. Ostracism could only be effected by a majority decision of the demos. So its operation depen ...
... It is a peculiar rigmarole for getting rid of anyone, for political or any other reasons. And though this has sometimes been noted l5 , it needs emphatic restatement that in a direct democracy it is bizarre. Ostracism could only be effected by a majority decision of the demos. So its operation depen ...
Taking Legal Argument Seriously: An Introduction
... internally-right answer to any legal-rights question whose answer is 2. At least three other senses of "taking the general category 'legal argument' seriously" are worth noting. First, an individual may appropriately be said to be taking legal argument seriously as a general category in a "thoughtfu ...
... internally-right answer to any legal-rights question whose answer is 2. At least three other senses of "taking the general category 'legal argument' seriously" are worth noting. First, an individual may appropriately be said to be taking legal argument seriously as a general category in a "thoughtfu ...
Empirical Method and Conceptual Confusion in the History of Law
... reality, and freedom at some considerable length and ask you for your patience in indulging the explanation before I can turn to the relationship between history, law, and justice.7 Given how many conflicting views of Wittgenstein there are, there is no other way to start without lapsing into immedi ...
... reality, and freedom at some considerable length and ask you for your patience in indulging the explanation before I can turn to the relationship between history, law, and justice.7 Given how many conflicting views of Wittgenstein there are, there is no other way to start without lapsing into immedi ...
Money Can`t Buy You Law: The Effects of Foreign Aid on the Rule of
... elites adopt the will to enact reforms. In other words, there must be sincere demand for rule of law reform before the development industry can assist in the supply, and currently, that demand is lacking. 30 1. Rule of Law Reform The problem with past rule of law reform efforts is that reformers tri ...
... elites adopt the will to enact reforms. In other words, there must be sincere demand for rule of law reform before the development industry can assist in the supply, and currently, that demand is lacking. 30 1. Rule of Law Reform The problem with past rule of law reform efforts is that reformers tri ...
What Is Ethics
... that ethics often demands more than memorizing and living by a set of rules. A study done of law school students, for example, shows that their ability to make sound ethical judgments is impaired by their three years in law school because ethics is presented in a rule-based manner. The conclusion th ...
... that ethics often demands more than memorizing and living by a set of rules. A study done of law school students, for example, shows that their ability to make sound ethical judgments is impaired by their three years in law school because ethics is presented in a rule-based manner. The conclusion th ...
Ober092905
... legislation was to promote productivity: The codified rules of the game were, taken as a body and over time, favorable to the growth of productive capacity. Moreover, they were dependent for their productive efficacy upon their openness and fairness. Of course not all policy – of Athens or any othe ...
... legislation was to promote productivity: The codified rules of the game were, taken as a body and over time, favorable to the growth of productive capacity. Moreover, they were dependent for their productive efficacy upon their openness and fairness. Of course not all policy – of Athens or any othe ...
Leveraging Asylum
... persecuted.” But protection claims derived from the Torture Convention, Civil and Political Covenant, Covention on the Rights of the Child and international humanitarian law are in other ways less constrained than is refugee status. In particular, there is no need to show the element of civil or pol ...
... persecuted.” But protection claims derived from the Torture Convention, Civil and Political Covenant, Covention on the Rights of the Child and international humanitarian law are in other ways less constrained than is refugee status. In particular, there is no need to show the element of civil or pol ...
Michele Mangini* Many contend that liberalism is weak from the
... At least two main negative consequences of the weakness of the good can be identified. First, at the political level, orthodox Kantian liberals ground human rights in the idea of respect for persons and this, in turn, in free agency and the conception of people as ends in themselves, while forgettin ...
... At least two main negative consequences of the weakness of the good can be identified. First, at the political level, orthodox Kantian liberals ground human rights in the idea of respect for persons and this, in turn, in free agency and the conception of people as ends in themselves, while forgettin ...
Epstein`s Best of All Possible Worlds: The Rule of Law
... purposes people shall take the highways." And, in fact, I can dream up such policies without much difficulty.'1 The example illustrates the stylistic problem: there might well be something to be said in support of Epstein's point, but he does not say it, and without some explication the point leaves ...
... purposes people shall take the highways." And, in fact, I can dream up such policies without much difficulty.'1 The example illustrates the stylistic problem: there might well be something to be said in support of Epstein's point, but he does not say it, and without some explication the point leaves ...
WHO`S AFRAID OF LEGAL PLURALISM?1
... and legal anthropologists should take more seriously the job in which the other is engaged. If it is one’s job to maintain the state law ideology, one cannot in the same action of political relevance regard non-recognised law as law. If one has to choose ‘the’ correct law as a judge, one cannot ‘app ...
... and legal anthropologists should take more seriously the job in which the other is engaged. If it is one’s job to maintain the state law ideology, one cannot in the same action of political relevance regard non-recognised law as law. If one has to choose ‘the’ correct law as a judge, one cannot ‘app ...
The Impossibility of an Exterminatory Legality: Law and the Holocaust†
... Nazi Party’s security police, the Schutzstaffel (SS), that was held in Wannsee, Germany, in January 1942. It is understood that Reynhard Heydrich, on behalf of the SS, informed those present at the meeting of the Nazis’ intention to proceed with an extermination program. 2 The term ‘grudge informer’ ...
... Nazi Party’s security police, the Schutzstaffel (SS), that was held in Wannsee, Germany, in January 1942. It is understood that Reynhard Heydrich, on behalf of the SS, informed those present at the meeting of the Nazis’ intention to proceed with an extermination program. 2 The term ‘grudge informer’ ...
Jurisprudence
The word jurisprudence is derived from a latin maxim as referred 'jurisprudentia' but owes its origin to Rome. It is a combination of two words 'juris' which means 'law' and 'prudence' which means 'knowledge' or 'skill'. Therefore jurisprudence is the study, knowledge, skill and theory of law. Jurisprudence includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups: Problems internal to law and legal systems as such. Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.Answers to these questions come from four primary schools of thought in general jurisprudence: Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have. Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are. Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, barristers and judges do with it. Similar approaches have been developed in many different ways in sociology of law. Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s. It is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.Also of note is the work of the contemporary philosopher of law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.A further relatively new field is known as therapeutic jurisprudence, concerned with the impact of legal processes on wellbeing and mental health.The English word is based on the Latin maxim jurisprudentia: juris is the genitive form of jus meaning ""law"", and prudentia means ""prudence"" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of ""knowledge of or skill in a matter"". The word may have come via the French jurisprudence, which is attested earlier.